It’s one thing to file for a divorce, it is another thing to get custody of the children. Custody is one of the most important issues in divorce proceedings yet it is one of the most disputed issues that can be a nightmare for the people involved.
That is why we asked renowned Attleboro-based lawyer, Joe Lemus, as a guide to navigate the custody chaos and protect your child.
What is Custody and Visitation Laws
Custody and visitation laws govern the legal rights and responsibilities of parents regarding their children’s care, upbringing, and decision-making. The child needs to be taken care of, which is why it is important to make vital decisions about a child’s life, such as where they live, what school they attend, and their religious upbringing.
There are two primary types of custody: physical custody (where the child lives) and legal custody (who has the right to make major decisions). Visitation refers to the arrangement for a non-custodial parent to spend time with their child. It can be scheduled regularly, such as every other weekend, or more flexible, depending on the specific circumstances of the family.
“The importance of custody and visitation laws cannot be overstated. They help ensure that children have a stable and nurturing environment, maintain meaningful relationships with both parents and receive the love and support they need to thrive.
These laws also play a crucial role in protecting the best interests of the child, which is the first thing in custody and visitation disputes,” Joe Lemus explains. “There are different issues that may arise that make custody and visitation a complex and emotionally draining one,” says Joe Lemus.
Parents may have different views on what is best for their children, leading to disputes over custody and decision-making. One parent may try to turn the child against the other parent, and this will further strain the relationship for the child.
If parents live far apart, it can be challenging to arrange visitation schedules and be present in the child’s life. If one or both parents are struggling with substance abuse or mental health problems, it can greatly influence the child’s growth and parenting.
Types of Custody
The two main types of custody are physical and legal custody:
Physical Custody
- Sole Physical Custody: In this type, children are living just with one parent. The other parent usually has visitation rights which can either be regular or more flexible.
- Joint Physical Custody: This is an arrangement whereby both parents spend a considerable amount of time with the child. There are two major kinds: 50/50 Custody wherein time is shared evenly between both parents’ homes by the child. There is also week-on-week-off Custody in which the child may stay with one parent for a week and then move to stay with another else for another one week.
- Birdnesting: this is an uncommon option that allows children to remain in their familiar environment while parents come and go. It works best for kids who have strong bonds to their homes as well as neighborhoods.
Legal Custody
- Sole Legal Custody: One parent has exclusive rights to make more significant decisions impacting on the child’s life including education, medical care, etc.
- Joint Legal Custody: Decision-making authority is shared by both parents involved in raising the child. This kind of approach may either be a cooperative manner whereby all decisions are made tactfully among themselves or through a more formal process through consultation between each other or by engaging mediation service providers based on their preferences at any given moment over time period assigned towards this same purpose
Combinations of Physical and Legal Custody
It’s important to note that physical and legal custody can be combined in various ways. For example, a parent may have sole physical custody but share joint legal custody. This means that the child lives with one parent full-time, but both parents have a say in important decisions about the child’s life.
Factors Influencing Custody Arrangements
When determining custody arrangements, courts consider several factors, including:
- The child’s best interests: The child’s custody comes first in all custody cases.
- The wishes of the child: If the child is old enough, their preferences may be taken into account.
- The stability of each parent’s home: The court will consider factors such as the parent’s living situation, financial stability, and support system.
- The parents’ parenting abilities: Each parent’s ability to provide a safe, nurturing, and stable environment for the child will be assessed.
- The child’s relationship with each parent: The court will consider the bond between the child and each parent.
Family Member Visitation and Custody
In many instances, a child may have an attachment to a family member like their grandparents, aunts and uncles or even their siblings and want them to be around, particularly after divorce or separation. It is then that family member visitation and custody arrangements become applicable.
- Court-ordered visitation: the court may grant visitation rights to family members especially if it is in the best interest of the child.
- Informal arrangements: On other occasions, parents might agree to let family members come to visit their child without involving the courts.
- Factors considered: The factors considered by courts when determining family member visitation include; the child’s relationship with the family member, the safe and nurturing environment provided by that family member, as well as what the child wants (if they are capable enough).
If you are seeking custody or visitation for your child, you might need a good family law attorney who understands the legal process and can walk you through it. It doesn’t have to be hard!
